New York Construction Laborer Overtime & Pay Rules
Side-by-side statutory audit of Construction Laborer hourly wages, 1.5x overtime thresholds, shift benchmarks ($22.50/hr median), and meal break penalty pay under NY Labor Law Art. 19 § 650.
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In New York, a Construction Laborer is entitled to a minimum statutory base wage of $16.00/hr (State industry median: $22.50/hr). Overtime is calculated at 1.5x regular rate after 40 hours per week under NY Labor Law Art. 19 § 650.
Visual Pay Composition Breakdown
FLSA Exemption & Overtime Rules for Construction Laborers in New York
Non-Exempt (Eligible for 1.5x Overtime & Davis-Bacon Prevailing Wages)
Manual labor positions cannot be classified as exempt executive or administrative employees under 29 CFR § 541.3.
New York Labor Code & FLSA Authority
Statutory Citation: NY Labor Law Art. 19 § 650
New York Labor Law sets minimum wage at $16.00/hr in NYC, Long Island, and Westchester. Includes Spread of Hours rules requiring 1 extra hour of pay for shifts spanning over 10 hours.
Employee Statutory Rights (NY)
- ✓ Spread of hours pay: 1 extra hour of regular wage for shifts spanning more than 10 hours.
- ✓ Mandatory 30-minute meal break for shifts over 6 hours under NY Labor Law § 162.
- ✓ Weekly overtime at 1.5x regular rate for hours worked over 40.
Employer Mandatory Obligations (NY)
- § Provide written Wage Theft Prevention Act notice to all new hires.
- § Pay manual workers weekly unless NY State DOL approval is granted for biweekly pay.
- § Maintain detailed time and payroll records for 6 years.
Common New York Payroll Compliance Traps & Audit Penalties
Failing to pay 1 extra hour of regular minimum wage for spread of hours > 10 hours.
Paying manual labor workers biweekly without official DOL permission.
Incorrect tip credit deductions in food service operations.
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Audit New York Construction Laborer Overtime & Pay
Verify 2026 statutory minimum wage floors, 1.5x overtime thresholds, and meal break penalties for Construction Laborers in New York.